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Is It Illegal To Listen In On Your Kids' Phone Calls?

Legal Issues

from the questions-questions-questions dept

Tue, Dec 21st 2004 5:38pm — Mike Masnick
As various internet service providers and third party software firms are pushing software on parents that lets them eavesdrop on their kids' surfing habits, parents might want to be aware of a recent court ruling up in Washington state. The ruling didn't focus on the internet, but found that a mother who listened in on her daughter's phone call broke wiretap laws. The article, written for a Connecticut newspaper, then goes on to discuss whether or not the same ruling would apply in that state -- and it's a bit tricky. Part of the rationale for the ruling in Washington is that state wiretap laws require both parties to agree to be recorded. Connecticut (and most other states) only have a one person requirement -- but in the case where a parent is eavesdropping, the question then becomes whether or not they, as a legal guardian, have the right to give the consent to be wiretapped for their kid. Of course, this is just one of the many reasons why kids get mobile phones. However, with internet access, a similar question arises, but not many seem to have dealt with it. It's likely that similar cases will start to show up when people feel their privacy is violated by their parents spying on their online activities. Of course, some might point out that talking to your kids and trying to build a trusting relationship (not always easy, of course) might be a better way to keep them out of trouble than spying on them.
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12 Comments

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  • identicon
    dorpus, 21 Dec 2004 @ 10:40pm

    Did God make

    Didn't God make telephones so you can listen in on family phone calls?

    Did God make white people, so they come out of airplanes on tropical islands?

    Did God make the internet, so women who love me come from the sky in airplanes?

    Did God make necks, so they can be broken?

    Inquiring minds want to know.

    [ link to this | view in chronology ]

  • identicon
    D.R., 21 Dec 2004 @ 10:51pm

    Police asked the mom to wiretap daughter!

    In the Washington cour case, the police asked the mother to listen in.

    There's a huge difference between "should it be unlawful for a parent to eavesdrop on their minor child's telephone or cell conversation" to "should what a parent hears while wiretapping their child be allowed to be entered into evidence in court".

    See http://www.cumberlink.com/articles/2004/12/11/editorial/editorial/daily01.txt for details.

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 22 Dec 2004 @ 10:40am

      Re: Police asked the mom to wiretap daughter!

      Agreed, but if you read the courts decision, the polices' action had nothing to do with it.

      [ link to this | view in chronology ]

  • identicon
    Tim, 22 Dec 2004 @ 5:25am

    Trust

    When you have the trusting relationship, that's when you get the mobile to go off and do your own thing, because I expect you to call back in to "base" and natter about life anyway. Until then, you don't conspire to blow up the planet and I won't need to listen in ;)

    [ link to this | view in chronology ]

  • identicon
    TDavid, 22 Dec 2004 @ 6:56am

    lots of people in violation

    Man, just go out in public and it's impossible not to eavesdrop on a cell phone conversation. Too many people talk wayyyy too loud on them in public.

    [ link to this | view in chronology ]

  • identicon
    Steve Mueller, 22 Dec 2004 @ 7:17am

    Trust But Verify

    Of course, some might point out that talking to your kids and trying to build a trusting relationship (not always easy, of course) might be a better way to keep them out of trouble than spying on them.
    Wasn't it Mikhail Gorbachev who said, "Trust, but verify"? You can trust your child, but is verifying that trust necessarily wrong?

    [ link to this | view in chronology ]

  • identicon
    straight talk, 22 Dec 2004 @ 8:30am

    No Subject Given

    Yeah, trust your kids, until they get arrested for drug possession or breaking into a store or vandalizing the school. Then blame television and the internet and rap music for your bad parenting. If you trust your kids, you are an idiot. Kids will push whatever boundaries you set for them. If you don't set any, don't be surprised when they end up on the five o'clock news in handcuffs.

    [ link to this | view in chronology ]

  • identicon
    Ervin, 23 Dec 2004 @ 12:59am

    No Subject Given

    Connecticut law has an ALL party consent requirement. The federal law and some states have only one-party consent.

    http://www.ncsl.org/programs/lis/CIP/surveillance.htm

    [ link to this | view in chronology ]

  • identicon
    Bubba, 23 Dec 2004 @ 7:25am

    What are you thinking?

    Trust? Are you kidding. Mix teenagers, internet, cable, beer, sex, phones, and music together and see what your trusting son or daughter is capable of!!! It's my house, my computer, my TV, my phone, my stereo and, by law, my responsibility to raise my kids. Yeah, I'm going to listen if needed.

    [ link to this | view in chronology ]

    • identicon
      Anonymous Coward, 26 Dec 2004 @ 10:26pm

      Re: What are you thinking?

      You live in a red state, don't you Bubba?

      [ link to this | view in chronology ]

  • identicon
    Kieyona, 6 Nov 2005 @ 8:19pm

    truth

    i am a 15 year ol student and i think that the young girls rights was violated when her mother listened on her convo's. This clearly stated that her mother didn't trust her daughter. i would have been devastated if that would have happened to me. i would be scared to geton the phone woth guys or muh girl-friends and talk personal with them without thinking that my mom was on the phone. I wanna know if her mother will sent to jail for listening or fined any kind of fee. If you kow then answer please write back thank-Kieyonna Baltimore,Md

    [ link to this | view in chronology ]

  • identicon
    lil b, 5 Jul 2006 @ 10:56am

    i dont understand

    ok i am a teen and just recently i had my friends stay the night with me and we were talking gurl issues and the whole guy thing ya know and 10 minutes into our conversation my father walks in and tell me to turn my head so i did and he put the phone on my ear and told me to say hello just as i did i heard my voice but it wasnt coming from that phone a month ago my dad gave me my own phone for my room but come to find out it wasnt bcause he wanted to be cool or anything he wanted to listen to my phone calls and my conversations in my room now if this was my mom i wouln't care but this is my dad the one who doesnt want me to date till i get married ok but my friend who was over was teling me personal thing and i read that was illegal unless the other party agrees to have them selfs recorded
    and now my dad wants the guys we were talkin about to come over and listin and also he wants to share the tape with my family

    i dont understand


    and i need advice

    please e-mail me

    [ link to this | view in chronology ]


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